Have You Been Charged with Negligent Driving?We Can Work to Challenge the Charge & Keep Your Driving Privilege.

Negligent driving lawyer

Washington State Negligent Driving Lawyer

The laws on negligent driving are complex and can be difficult to understand.
The offense of
negligent driving first degree is a misdemeanor with a punishment of up to 90 days in jail, and $1000 fine.
Negligent driving second degree is an infraction with a penalty of $500 in fines and other costs.

Mr. Graham will fight to ensure that you achieve the best possible outcome
in your negligent driving court case. Steve Graham was rated one of Spokane's
top 5 criminal attorneys by the local magazine
Spokane - Couer d'Alene Living. Don't leave your future to chance. Serving Spokane County, Grant County,
Ferry County, Lincoln County, Whitman County, Okanogan County and Stevens
County, attorney Graham is available for a free consultation today.

Since the COVID-19 pandemic, police officers are not always issuing citations
and court dates on the spot. Rather the case will forwarded to the prosecutor so he or she can make
a charging decision when the courts are back open with a full schedule.
If the charge is mailed, the court will not always get the address correct.
The court may attempt to mail the summons to a physical rather than a
mailing address, or could send the summons to a former address.
If a person does not receive the court date in the mail, he or she will
fail to appear and a warrant will issue. In this time of uncertainty, it may be wise to reach out to an attorney
at the outset so he or she can make sure the matter goes smoothly.

Negligent Driving First Degree

Negligent driving in the first degree is a criminal offense in Washington
State. The elements of the offense are 1) that a person operated a motor
vehicle in a negligent manner, and endangered or was likely to endanger
persons or property, and 2) the driver exhibits the effects of having
consumed alcohol or an illegal drug. "Exhibiting the effects of alcohol"
means that the person has the odor of alcohol on their breath, or that
by their speech, appearance, manner, behavior, lack of coordination, or
otherwise exhibits that they have consumed liquor. Additionally, there
must also be proof that the person was in possession of alcohol or liquor
or was in close proximity to a container that recently had alcohol in
it; or was shown by other evidence to have recently consumed alcohol.
As a person can see, the elements of this offense can be very complicated.
Unlike most misdemeanors that can be removed from a person's criminal
record in 3 years, this offense will usually take between 7 and 10 years
to be removed from a person's record.

Negligent Driving First Degree with Illegal Drugs

A person can also commit the offense by driving negligently while "exhibiting
the effects of having consumed an illegal drug." This means that
a person, by speech, behavior, manner, lack of coordination, appearance,
or otherwise, exhibits that he or she has consumed an illegal drug. There
is the additional requirement that there be proof that the person was
in possession of an illegal drug; or was shown by other evidence to have
recently consumed the illegal drug. An "illegal drug" is a controlled
substance or legend drug for which the driver does not have a valid prescription
or that is not being consumed in accordance with the prescription. Since
the decriminalization of marijuana, our office is seeing more allegations
involving THC.

Negligent Driving in the Second Degree

Negligent driving in the 2nd degree is a traffic infraction. As with any infraction, the only punishment
is a fine, and a person cannot be put in jail for such an offense. This
is true even if a person has a substantial record of prior offenses. For
an infraction, a person has no right to a jury trial or a defense attorney
at public expense. Often the primary concern on such a ticket is an increase
in insurance rates.

What is "Negligent" Driving?

"Negligent" means the failure of a driver to exercise ordinary
care, and is the commission of some act that a reasonably careful person
would not do under the same or similar circumstances. Negligence can also
be based on the failure to do something that a reasonably careful person
would do under the same or similar circumstances. Criminal defense lawyers
often see this offense alleged when there is an allegation of excessive
speed, inattention to driving, or falling asleep. There is a lot of subjectivity
in assessing what is "negligent" and so this is usually left
up to the judge or jury in each individual case.

In Washington, the charges sometimes stem from an automobile accident although
proof of a collision is certainly not required. Cases sometimes involve
an allegation that a person drove too fast on snowy or icy roads during
the winter months. Snow and ice can also result in tickets for Speed Too
Fast for Conditions. "Negligence" should be contrasted with "reckless driving" which involves a greater risk to persons or property.

Negligent Driving and DUI

Sometimes a charge of negligent driving (1st or 2nd degree) is charged along with the offense of
DUI. Under the Washington court rules, these double charges are usually permitted.
This typically would not violate the double jeopardy clause. Negligent
driving in the first degree is a common charge that DUI is amended down
to as a result of a plea bargain. This is particularly true when the DUI
breath test result is not very high, and when the defendant does not have
any priors.

For DUI convictions in Washington State, there is always a mandatory jail
sentence, but there is no such mandatory minimum for convictions for negligent
driving in the first degree. Additionally, for DUI, the probationary period
is 5 years, but for negligent driving 1st degree convictions, the probationary period can be no more than 2 years.
Whether or not a person should accept a plea deal for negligent driving
depends on the facts of the case. This is something a person needs to
discuss with their criminal lawyer after considering all the issues going
in on their case. Obviously the best-case scenario is a dismissal, or
"not guilty" verdict, and such a result should be the top priority
of the defense attorney.

If a person pleads guilty to negligent driving 1st degree after having been originally charged with DUI, that conviction
will count as an alcohol related prior offense if they go to court again
for another DUI. People convicted of DUI find that they have difficulty
entering Canada, and the same is often true for people convicted of negligent
driving in the first degree.

Negligent Driving and the Department of Licensing

For the charge of negligent driving 2nd degree, there is no required license suspension with the Department of
Licensing. This is also true of the charge of negligent driving in the
first degree. However, if a person is convicted of negligent driving in
the first degree, DOL will require a driver to have an ignition interlock
device installed on his or her car if the driver has any prior alcohol-related offenses.

Free Consultation

If you want to discuss your court case with me
please call. We do free consultations on criminal matters in eastern Washington. You
will receive our honest opinions, and we will listen to you and answer
your questions.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.